NAGAPPA GOUNDER AND ORS. Vs. K. SELVARAJ

JUDGEMENT

(1.) THE defendants in O.S. No. 57 of 2008 on the file of the learned District Munsif -cum -Judicial Magistrate, Perundurai are the appellants. The respondent is the plaintiff in the suit. The plaintiff filed the said suit for permanent injunction to restrain the defendants from in any manner interfering with his peaceful possession and enjoyment of the suit property. The trial court by decree and judgment dated 30.11.2011 decreed the suit as prayed for. As against the same, the appellants filed an appeal in A.S. No. 12 of 2013 on the file of the learned Subordinate Judge, Perundurai. By decree and judgment dated 25.06.2014, the lower appellate court dismissed the suit thereby confirming the decree and judgment of the trial court. As against the same, the appellants are before this Court with this Second Appeal.

(2.) THIS Second Appeal has come up before me today for admission. I have heard the learned Counsel for the appellants and I have also perused the records carefully.

(3.) IN the written statement, the defendants disputed the title of Komarasamy and Ponnusamy. According to them, Komarasamy and Ponnusamy had no title to convey under the sale deed dated 22.11.2006 to the plaintiff. Thus, according to the defendants, the plaintiff has got no title for the suit property. It is their further case that the defendants are in possession and enjoyment of the suit property all along. It is also their case that the electricity service connection stands in their name. It is their further case that the suit property is a patta land which was allotted to the share of the 1st defendant's father in a family partition which took place on 21.04.1958 under Ex. B. 1. The suit property consists of a small house and a Thondupatti (Cattle shed). According to the defendants, they are in possession and enjoyment of the same.